>> check out stouffer's facebook page. you can find all of the mac and cheese recipes. >> it's two of my favorite things. i love mac and cheese. >> happy birthday, steve! bill: nicely done. happy birth today. >> steve. enjoy the weekend, my friend, with your family. new fallout with obamacare. the problems with the online exchanges go much deeper than first thought. "wall street journal" reports, insurance companies are getting quote, flawed data from the websites. go figure. even if you can navigate the gauntlet that is that website. i'm bill hemmer on "america's newsroom." >> great to be with you, i'm jamie colby in for martha maccallum today. these insurance companies are saying it's a huge problem, they may actually be stopped from dealing with the small amount of people that then actually signed up. bill: these new numbers show another bad week for the

website. 209,000 users on monday and tuesday. only a quarter finished the process. >> the first week of the launch, only 10% got through. bill: so many headlines. molly henneberg from d.c. good morning. what are the insurance companies saying? >> reporter: it is difficult for them too. they're getting errors in the information receiving from obamacare online exchanges and having to follow up with potential new customers to try to find out who is really trying to enroll. "wall street journal" cites aetna, blue cross-blue shield of nebraska and priority health in michigan as insurance companies having those types of problems. information is missing. people who appear to have enrolled twice or in multiple plans. spouses are being listed as children. the ceo of aetna told the paper, quote, the longer this takes to resolve, the harder it will be to get people to come back and sign up. it is not off a great start. but the white house says they're working on it.

>> the people who are responsible for making it work are hard at work fixing the problems that need to be fixed. and that is the focus of the president's attention and the attention of those at hhs and c-ms who are working on this. and the president wants the work done so that the consumer experience is improved much. >> reporter: health and human services secretary kathleen sebelius says the system is getting better every day. bill? bill: you know republicans want answers on this, molly. will we see secretary sebelius called before congress on it? >> reporter: she has been called. the house energy an commerce committee asked her to come answer questions on october 24th. but the question is, will she show up. so far secretary sebelius has not agreed to do so. republicans on the committee say they're hoping she changes her mind. >> obviously we have the ability to subpoena a cabinet officer but i would hope that, that the secretary would come before the committee. chairman upton is a very fair person, a very fine chairman and, after all, the secretary

has time for jon stewart. she should have time for those of us who serve in congress on the critical questions of this dismal failure so far in the rollout. >> reporter: hundreds of millions of taxpayers dollars have gone into settings up this website and now more is being spent to fix it. the committee says it wants some accountability for that. bill? bill: a long way to go. molly henneberg leading our coverage on that today, thanks. jamie? >> the much-heralded traffic on the health care website appears to fallen off a cliff. week one was big, 1.9 million consumers visiting the site. after that the site saw 88% decline, 8%! just 36,000 consumers signed up the first week. that's all. far from the administration's october prediction of half a million enrollment. so experts are saying only the government could weather such a slow start. >> just imagine a business who just put so much hype into a new

product, saying to consumers this will change their entire lives. this will fix many of the problems that they have. hyped it up so much and there is a complete letdown. they would have a real problem surviving in the marketplace. >> at the white house they're calling for people, bill, to be patient. bill: good luck with that. adding insult to injury the department responsible for launching obamacare, actually spent $56 million on conferences alone last year. health and human services department spent hundreds of thousands of dollars each on nearly 150 conferences. good work, right? that 56 million number exceeds the what the troubled irs spent on conferences between 2010 and 12. what do you think watching this, if obamacare was a private business, would it survive, would you buy the product? we'll ask our panel coming up today. you can weigh in at home or at the office. tell us what you think on twitter, @billhemmer. you can tweet martha maccallum but she is at the beach.

>> i would say tweet martha to keep her business and you can tweet me too. @jamie colby. please follow me, bill. the pentagon is reportedly reporting that the budget problems that our military could have trouble handing one war. defense secretary chuck hagel says the budget cuts half, half reduced the size of our military and something needs to be done. >> in the months ahead congress will have an opportunity to remove this shadow of uncertainty as they work to craft a balanced, long-term spending bill. if this fiscal uncertainty continues it will have an impact on our economy, our national security, and america's standing in the world. >> well military budget analysts are suggesting the army's just crying wolf. they are claiming that if it changed the way it organizes itself and how it fights the army can make do with far fewer soldiers. i'm not so sure.

>> federal workers who were furloughed or worked without pay during the shutdown will get it back in the next paycheck. we expected this. most will have to wait nearly two weeks the government reopened yesterday, as you know. national parks are reopened as well as are the memorials. some union officials say it is not fair for employees to wait two weeks for back pay, because they have bills to pay right now. >> the economy is getting a bit of a boost from declining gas prices. that's right, going down. we like to hear that the national average for a gallon of regular urn ledded is now $3.36, down 15 cents from a month ago, 38 cents from a year ago. this is welcome news from consumers and economists who were worried about the impact of the government shutdown. aaa geopolitical tensions involving iran, syria and egypt have cooled and that is what helped bring the gas prices

down. fox news alert now. disturbing new video from last month's deadly mall attack in kenya. it captures the very moment when chaos erupts sending shoppers running for their lives. there were more than 60, men, women and children who were killed in the day's long siege. now the hunt for one of the terrorists is leading investigators to norway. greg palkot reporting live from london. greg, good to see you. what do the new videos tell us about the attack? >> reporter: jamie, it is really our first long and close look at the attackers and the attack on that kenyan shopping malice month. graphic security camera videos show the shoppers at first going about their business, not expecting anything to do wrong and then when shots rang out, running in stark terror, panic. at some point crawling on the ground, hiding behind stalls. as gun should have shrinking militants turning the mall into shooting gallery, firing wildly

with the ak-47s, sometimes precisely to finish off victims. kenyan authorities say as many as 15 attackers were involved. this video seems to indicate as few as four militants were responsible for the karnage. the authorities gave the impression they were doing battle, consistently with the militants during the time of this siege. but in fact these lengthy videos, jamie, seemed to indicate that the militants had all the time they to do their dastardly deeds. >> also i want to ask you about the norway connection which is very interesting. it hadn't come up previously, had it? >> it had been long suspected, jamie, that there was some kind of an international link to this attack but today we seem to have confirmation of that. one of those scene in one of the videos, specifically, a guy in a dark jacket in a supermarket sequence is now being identified authorities in kenya as hassan dehlo. was born in somalia and moved

with his family as refugee in norway. returned to somalia. thought to fight there with the al qaeda linked al-shabaab. al-shabaab is claiming responsibility for the mall attack. just as a footnote, another al-shabaab figure who is believed spent time in norway was the target of that recent u.s. navy seal raid inside somalia. americans, british, others had been fighting with al-shabaab in recent years in somalia. now it is thought that that group is turning its view outside of somalia, looking for western targets in places like kenya. certainly this mall attack we're seeing these new graphic videos all about, an indicator of that. back to you. >> apparently this investigation is ongoing. we're glad. thank you so much. bill: watching some that video from inside that shopping mall. that is terror. see those people, men, women and children trying to get out of there. >> just to see pictures that we can. bill: point-blank range. these guys cowering on the floor

and shot in the head. >> they're getting information from them. that is a good thing. bill: there is new terror threat ahead of a major sport being event. drug cartel promiseing a quote, world cup of terror as the soccer championship comes to rio. violence erupt in major cities. demonstrators supporting a teacher strike set fire to vehicles and clashed with police. they have the world cup in rio. and olympics coming up too. will be a business, busy time. go ahead. >> no. tell us about the new details. i was very curious. bill: new details on a woman dragged from the house floor yesterday when she did this. >> constitution would not have been written by free masons. they go against god. you can not serve two masters. bill: so is she crediting for that rant against congress? we'll tell you, jamie. >> senator ted cruz is not backing down on obamacare. this despite getting crucified in the media for the government

shutdown. did he get a raw deal? we'll talk to former house majority leader tom delay next. bill: a new effort underway to stop bullying after a 12-year-old commits suicide. an attorney working on a new law that would hold parents accountable. >> if you could have been with me that morning when i saw that 12-year-old baby dead at the base of that cement tower, you would have been as heartbroken as we were. hey, i notice your car yeah. it's in the shop. it's going to cost me an arm and a leg. you shoulda taken it to midas. they tell you what stuff needs fixing, and what stuff can wait. high-five! arg! brakes, tires, oil, everything. (whistling)

with three entrées under $20. like our new snow cb and crab butter shrimp, just $14.99. only at red lobster where we sea food differently. [ male announcer ] now try 7 lunch choices at $7.99. sandwiches, sals, and more. [ male announcer ] now try 7 lunch choices at $7.99. could save you fifteen percent or more on car insurance. everybody knows that. well, did you know that when a tree falls in the forest and no one's around, it does make a sound? ohhh...ohhh...oh boy! i'm falling. everybody look out! ahhhhh...ugh. little help here. geico. fifteen minutes could save you...well, you know. anybody? help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap

and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

jamie: some new details about the ten nothing grapher who -- stenographer who grabbed the microphone and started ranting about free masons on the house floor shortly before the lawmakers passed the short-term debt deal. >> this is not one nation under god, it never was. had it been it would not have been, no. no, it would not have been! constitution would not have been written by free masons.

they go against god. >> molly, come on. >> you can not serve two masters. jamie: dianne reidy is being evaluated at the hospital. she won't face any criminal charges. she had emails reaching her own, our capitol hill producer. you know chad pergram is always on every story. this one she reached out to explain her outburst, saying, quote, for the past 2 1/2 weeks the holy spirit has been waking me up in the middle of the night and preparing me through my reluctance and doubt to deliver a message to the house chamber that is what i did last night. bill: she did it in dramatic form too, huh? at a critical time. 15 minutes past the hour now. senator ted cruz not giving up his fight against obamacare. he says he will not rule out another shutdown if necessary. meanwhile my next guest says the media is giving cruz a raw deal. say hello to tom delay, former house republican majority leader. how are you doing, sir.

>> i'm doing great, bill. bill: welcome back to "america's newsroom." what do you think about cruz's position on another government shutdown possibility? >> he has got to fight. we have got to fight. the american people are looking for solution to the runaway government. they want to do away with obamacare. cruz is filling the void of leadership and, and the fight has to be stand on principles and if standing on principles leads to a shutdown, then that is what has to happen. you can not surrender before you even fight. you can't win unless you do fight. bill: what did you think of his tactics? did you give it a thumbs up? >> absolutely, i totally support it. it is amazing to me everybody is criticizing cruz for standing on principle but they don't criticize obama for doing exactly the same thing. obama said, early on, months ago, that he was not going to negotiate. that he wanted a clean cr, he want ad clean debt ceiling and he was not, he would shut down

the government if he didn't get what he wanted. unfortunately he stood strong and our people in the senate, weakened and the president won. bill: let me get back to the president in a moment here. you said you thought cruz got a raw deal through the media. how so? >> well, the media just, as they usually do, they did in the shutdown in '95 that i participated in, they come down on you like a ton of bricks. the media worships the government. they want the government to stay open. they want to grow the government. they have a liberal bias and anybody that stands up to says no, they're going to come down on him like a ton of bricks and that is exactly what happened. bill: do you think washington, just on that point, is washington much different now than it was when you were there? or do you things have actually gotten worse now? >> no, i think it is about the same. i mean, the american people are divided on what kind of

government they want. and they're trying to work that out through their representatives. and passions flow and are very high. people are standing on what they believe their people and their constituents want. you know, i always say it is better to fight like this than be in the streets shooting guns at each other. bill: yeah, this is true. the president, what do you think of his leadership through this? >> what leadership? i haven't seen a whole lot of leadership. his foreign policy is a total failure. our position in the world is the worst it has been in my career. he's totally absent when it comes to the time for the president to act. during this latest shutdown the president, all he would do is say, i want a clean cr.

shutdown the government if you want but i'm going to go play golf. that is not leadership. someone described as leadership from hyped and that is what he does. there is no leadership. bill: just one more point on this. many have observed from the outside when congress is at loggerheads it is up to the commander-in-chief, the president, to come in and settle matters. do you think he did that in this matter? >> i don't see that. unfortunately one thing that is different, when we took over in 1995 those in the house and the senate don't understand they are a separate branch. they don't serve the president. they serve the people that sent them to congress. and the power of the purse is in the house. unfortunately i think the house lost the power of the purse now and need to get it back. the house needs to work out spending with the senate. frankly if i were there i wouldn't even include the president, and get the senate and the house to work it out and

then bring in the president after they have worked it out. bill: sir, good to have you back on our program. >> thank you, bill. bill: what we all watched over the past couple weeks. tom delay. >> thank you. bill: thank you, sir. enjoy the weekend. >> you too. jamie: we're still tracking this frightening major manhunt for two convicted killers released from prison by mistake. what we now know about their escape plan. it's amazing. bill: where in the world are they? first ever walking, talking bionic man making his debut. check him out. [ male announcer ] every inch, every minute, every second -- we chip away. at advancing safety with technology, like seeing every curve, even when you don't, being a second set of eyes, or having stopping power when you need it most.

it's not intuition, it's intelligence. this is the new 2014 jeep grand cherokee. it is the best of what we're made of. well-qualified lessees can lease the 2014 grand cherokee laredo 4x4 for $359 a month.

bill: so toyota now recalling

800,000 u.s. vehicles due to airbag and power steering issues. it says water leaks on to the airbag controller, causes a short circuit. at this point the power steering can go out. models affected camry, camry hybrid. avalon and avalon hybrid and 2012 and 2013 venzsa car owners are notified next month. we're telling you now. we're ahead of the game. jamie: that's what we do. back to this manhunt now that is underway. there are two men released from a florida prison. we can't even say they escaped. they let them to but it was a mistake. they used forged paperwork to fool and fool prison officials. phil keating is live in miami with the latest details. there's a little bit of a twist to this one even further than that, right, the judge? >> reporter: absolutely. both of these convicted killers had documents declaring they were wrongly convicted and should be immediately set free,

signed by the same orlando chief justice, whether they had inside help or outside help, it is clear they did have some help because they both have the fake court documents similar to these, basically saying they were not convicted of third-degree murder, or not of first-degree murder but convicted of third-degree murder. after serving 15 years in prison they should walk. one of the convicted killers has been on the street somewhere for the past three weeks. the other one has been free for the past 10 days but so far we do not know of any single sighting or any solid lead as to where these convicted killers are right now. charles walker walked free on october 8th. he was serveing a life sentence for the 1999 murder of cedric slater. as for the other killer, joseph jenkins, he walked free on september 27th three weeks ago. he was serving life for the 1998 murder of roscoe pew, a father of six. >> somebody had to help them.

they alone could not do this in franklin ci. >> so in the jail some one you think helped them? >> i think someone outside helped them. >> reporter: that is the chief judge in orlando, orange county's judge, belvin perry, whose signature, perfect signature was on the bottom of both documents which, appeared to eminate from the state attorney's office. both of those documents went through orlando's courthouse. the orange county courthouse, the clerk of courts office, which then went to the department of corrections, which then, somebody thought they looked valid and set those guys fr jamie? jamie: let me ask you then, phil what is the connection for the killers then to the orlando area? >> reporter: well both of these men do hail from orange county, florida, up in central florida. they grew up there. they have friends and family there. they both committed their crimes there. so there certainly is more intense manhunt trying to find them in the orlando area.

however, after this many days out of prison, really these guys could be anywhere right now, jamie. jamie: phil keating thank you so much. bill: you might recognize the judge at the center of this case. 9th judicial circuit judge belvin perry presided over casey anthony's murder trial three years ago. he was known for his no-nonsense style even reprimanding both attorneys in the case. >> i will ask both sides to turn around and look at that clock back there and tell me what time it is. mr. ashton? >> 1:25, sir. >> and mr. baez? >> 9:26. >> that shows the two of you will never agree on anything and will never interpret anything the same way. bill: sounds like congress. of course casey anthony was acquitted in the death of her 3-year-old daughter from two years ago. six people dead after a police cruiser collides with another car. there were questions over what

happened, whether or not either car was at fault. a live report where that happened and what is happening now, next. jamie: plus the story of a 12-year-old girl who kills herself after months of unrelenting bullying. the surprising new ally now joining one florida sheriff's fight to stop this from happening ever again. >> i can tell you that the 14-year-old's parents are in total denial, oh, my daughter didn't do that. she would never do that. she has never bullied. we know there has been a pattern of activity for the last 10 months. [ male announcer ] eligible for medicare?

that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they pick up some of what medicare doesn't pay and could save you in out-of-pocket medical costs. call today to request a free decision guide to help you better understand what medicare is all about and which aarp medicare supplement plan works best for you. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and virtually no referrals needed. there's a range of plans to choose from, too, and they all travel with you anywhere in the country.

join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... an organization serving the needs of people 50 and over for generations... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. ♪ call today. remember, medicare supplement insurance helps cover some of what medicare doesn't pay. expenses that could really add up. these kinds of plans could save you in out-of-pocket medical costs. you'll be able to choose any doctor who accepts medicare patients. and there are virtually no referrals needed. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions and help you find the aarp medicare supplement plan

that's right for you. [ alarm blaring ] what we didn't realize was that the adt operator had already called the fire department. if we hadn't had adt, we would have died of smoke inhalation. [ lucas ] i was outside when the fire started. the first thought that ran through my mind was to save the kids. the extra seconds that adt saved me let me save my son and my daughter. [ male announcer ] when it's youfamily, trust adt 24/7 fast response monitoring to help protect against burglary, fire, and high levels of carbon monoxide. right now save up to $350 on adt pulse home management and security system, including a monitored smoke detector at no additional charge. with adt's monitored system, somne's always there to hear the alarm. [ lucas ] we put adt in our house for security purposes. you'll never, ever think of it saving a life. in the moment of crisis, that system protected us and saved our lives. [ male announcer ] save up to $350 on adt pulse

with a monitored smoke detector at no charge. call or click today. bill: here we go, fox news alert. a bit past 9:30 in the morning. threat to americans overseas. al qaeda affiliated terrorists are calling for the kidnapping of u.s. citizens, said to be in retaliation for capture of this suspected terrorist now in new york city, abu anas al-liby. catherine herridge is in washington. what have you learned about a new plot against the u.n.? >> reporter: good morning bill, and thank you. the shabaab plot reported by "foreign policy" magazine. the target was said to be the u.n. operation in somali capitol of mogadishu. the state department offering no specifics on the rising threat from the al qaeda affiliate in east africa, just boilerplate assurances for support from the somali authoritys. >> i believe you're referring to a report on specifics of a report that may have been

leaked, leaked through the media but we are and continue to be committed to supporting the somali federal government of course as it works to stablize and govern somalia. >> reporter: two intelligence sources tell fox news the timeline for the somali raid earlier this month by u.s. navy seals was moved up in part based on new intelligence gathered by investigators after that shabaab attack on the westgate mall in kenya. it was believed some foreign fighters at the somali compound were preparing to leave the country for a mission, bill. bill: what do we know about new threats against americans in that region, catherine. >> reporter: anas al-liby in u.s. forces in tripoli, libya, has become lightning rod for jihadists in north africa and middle east. after capture in tripoli street by delta force soldiers where he was snatched from a vehicle with months of planning back to at least may he was transferred to new york city federal court.

two choices who track jihadist social media messaging tell fox news there are new calls to kidnap american citizens in retaliation. significantly jihadists are being urged to act immediately. one twitter message reads in part, quote, no need to consult with anyone to kidnap an american. after demonstrations protesting the al-libi raid, a previously unknown group identifying itself as the white benghazi rebels is posting new threats on social media to sabotage gas pipelines and also kidnap americans. analyst who is track the social media messages in north africa and middle east say the chatter is significant and suggest the kidnapping of americans has a tacit approval of the al qaeda senior leadership, bill. bill: stay on it, cat epthin. i know you will. catherine herridge in washington d.c. jamie: follow-up now to a story we told you about here yesterday. a florida sheriff is on a campaign now to get parents to keep track of what their children are doing, especially when it's online.

he has been speaking out about the case of 12-year-old rebecca sedwick, who took her own life after months of relentless bullying. now sheriff grady judd, he brought stalking charges against two girls, one is 12, one is 14, and he's also actually weighing charges against one of the girl's parents. during an interview on "america's newsroom" yesterday, sheriff judd says he just wants their parents to wise up. >> our goal is, let's just get the parents to recognize there's a problem with their daughter. these girls not charged with the death of this child, they are charged with stalking and tomorrow meanting this child. we want to make sure that the juvenile system deals appropriately with these children so that they're not back in the juvenile system, they're not ever charged with a crime again and they're certainly not bullying any other little girl. jamie: on top of the interview

done yesterday there's a new development in the case. george zimmerman's former defense attorney, mark o'mara, is also getting involved. he is a former prosecutor and he is working on a law that would hold parents accountable in cyberbullying cases. dan schorr joins me now, former prosecutor, and regina is a criminal defense attorney. welcome to both of you. >> thank you. >> thank you. jamie: regina, i'm sure a lot of parents are listening right now and saying what would be our responsibility. one of the girls showed remorse, one didn't. it is unclear whether the parents took any responsibility but your homeowners insurance could come into play if something like this happens, right? >> well, that depend. and as far as taking responsibility what, these parents need to do and what the sheriff needs to make sure of that we take the power away from the bullies. get their audience away. which means, all these years teachers at schools should have seen daily behavior going on.

they should have seen what was going on. they should have informed the parents. at that point if the parents don't do anything they should be liable because they're willfully neglecting it. teenagers can lie and they could be doing it in person. parents look on computer, everything is great and there is no cyberbullying. there is kind of a false sense of security there. if we take away the bullying part, the part that makes kids want do that, give them self-esteem and -- jamie: i think every parent tries, reg goon that, to do that. we do that, do our best. dan, so much happens over the internet. and a parent tries to monitor that but is the internet becoming a instrumentty of death where kids know more they go on harass another kid or print pictures after kid they are likely or should know that child may harm themselves?

>> in many ways it is much more dangerous than classic bullying, because online the record is there for more time and many people see it. even if the victim moves away from tormenttores and they can still relive and rewind words against them and that is haunting and that continues to bully people long after the actual words are typed. jamie: that's a good point. >> parents of the 14-year-old seem to be in denial even though the 14-year-old posted on facebook account, i bullied here, she died, i don't give a blank. the parents still seem to be in denial taking any responsibility. jamie: let me ask you this, dan and regina, tell me what you think. maybe it takes the judge's thinking or the sheriff rather, unless i hold the parents responsible they're not growing to keep a closer watch over what their children are doing? >> there are two parts to that, one the public shaming the parents are out there having their kid arrested or maybe it will encourage them or other parents to become more involved. there is the part investigators,

the sheriff is looking at parent seeing if they acted in concert. did they know it was going on or help it in any way, after they knew the child was submit committing the stalking. >> if they knew. >> right. jamie: this allegedly involved 15 girls bullying this one girl. it is hard to believe, i suppose, that nobody knew. but how do you think we get the parents to take responsibility have remorse, stop their children's behavior? they're teenagers. >> i think most parents do care very much about their teenagers behavior. some unfor the -- unfortunately may not. you can't teach them anything. if they're not going to care at this point, they're not going to care. we have to focus on parents that do care. let's say this. how easy it is for a child to fool their parents by getting another account. you're looking at one account. they're looking at another account. that is a bandaid. running to legislation, oh somebody died. of course it is a tragedy but that is bandaid. jamie: what about, there are

laws named after children who are bullied or killed or abducted. should there be a law in florida? that is what mark o'mara is working on? >> mark o'mara doesn't have children last time i looked. he doesn't understand how tricky this can be. the point is, you have to say and make it part of everything in the school. walk away from the bully. only time they have power is if you listen to them. jamie: well, i don't know. >> shame them. if we don't do that and start putting people in jail and other children in the foster system because their parents are in jail. very easy for a teenager to fool a parent. it is not right to do that. it is right for the parent to get involved at the onset to start teaching this. jamie: i have to leave it there. dan, your point is well-taken how there is permanent record. parents, take neat. bill: cows of launching the iphone, $150 million. cost for launching the website for obamacare, 600 million. if obamacare were a private company, would it survive?

6 million-dollar man, they can build him, do they have the technology. oh, yeah. see the real life bionic man. where is lee majors. he is watching in houston. heart healthy, huh?! ugh! actually progresso's soup has pretty bold flavor. i love bold flavors! i'd love it if you'd open the chute! [ male announcer ] progresso. surprisingly bold flavor for a heart healthy soup.

jamie: well, bill was reminiscing about the bionic man. maybe science fiction has finally met science fact. it is the first-ever walking and talking bionic man unveiled at washington's smithsonian national air and space museum yesterday. i wonder who is that face is? i'm curious. he is six feet tall. his face looks human and weighs 127-pound. made from artificial body parts. controlled remotely from a computer. costs a million bucks. i don't think many of us will have one. he is not as steve austin was.

bill: can he play golf? if he can't play golf. if obamacare was a private business would it survive? costs are skyrocketing. technical problems slowing down registration. experts say americans are impatient as they should be with this. >> anyone knows when you've had to wait online for 15, 20 minutes, for your cell phone company or your cable company, that sometimes you just hang up. you're fed up. you're tired with it. you're saying this is bad service. bill: fox business network's charlie gasparino is looking into this and chris stirewalt, fox news power play. we brought you in to talk about the politics. charlie we brought you in to talk about the mechanics on this. there is so much news i don't where to survive, we'll, i'll survive. but, obama administration expected half a million to enroll in the exchanges in the first month? i think what we can say right now maybe there are 30 sick thousand enrolled.

i think that number is a little squishy. troubled obamacare website was not tested until a week before the launch. >> if president obama was a ceo and rollout of his new business he would be fired. he would be investigated by his own securities & exchange commission for giving market a false impression what is going on. this is pretty bad. data thing is bad. data is wrong. remember as much as i know about this law, a lot of it is based, cost savings are knowing stuff about the health caremarkket. knowing about people's behave year f that behavior is not accurate, if the data is wrong, if the database is screwed up, we have a bigger problem than just people not signing up. bill: let me let chris blast off on this, chris. go ahead. >> i think charlie is exactly right. what we learned today from the "wall street journal" basically for the insurance companies that are recipients, we learned yesterday only 1% of the people who logged on were able to end up registerrings -- registering for this new taxpayer-subsidized health insurance.

you end up with people who get through the glitches and get to the other side and as charlie points out what we find out today, the data being generated for the insurance companies isn't reliable. and that is a bigger problem that than a website that is glitches or you have to wait for that. is a more serious problem, what it means is, on the other side what the president said was going to happen and what the democrats believe would happen in the health insurance rates in the country could be dangerously wrong. >> this isn't really socialized medicine this is socialized insurance. we have essentially if you think about it with the new system tripled down on the crummy system we have now which is a lot about rationing. doesn't have any free market element to it. it is about insurance companies making calls based on data. if the data is wrong with new entrants into the system, people forced into the system, then the system will eventually implode. it can not make money. bill: gerri willis yesterday, back to that point in a moment, the insurance companies might set up their own private websites in order to sign people

up. meaning they're trying to fight through the data to confirm whether or not people are getting through and can sign up. chris, you mentioned people registering. that is a lot different from enrolling. you have to figure out whether or not people are really spending money in order to make these numbers meet. >> did we say, south dakota, 26 human beings signed up for this. iowa, a handful, four or five. this is, this is disconcerting. >> why, one person in delaware. >> that is a small state. >> one person in delaware. >> that is small state. bill: they're relying on 90,000 in delaware alone to sign you and they have one so far. apple spent $150 million on the iphone, chris. >> yeah. bill: there are estimates between 360 and $600 million spent so far on this website, so far. and i mean, what ultimately happens? is this the same old washington trick where if you can not fix it and make it better, you throw more money at it? >> well, more money will be

thrown at this. to fix it, to defend it, basically this is where ideology and practical application of things don't go well together. this is where government struggles to do things that the private sector can do. in this case it is democrats, are so, one can understand why, have the government recently having been shut down overan outrage over this law among republicans, democrats are so adamant they're not going to say that there is anything wrong with this law. they will not say there is anything wrong with this program. they refuse, refuse, refuse with this, right they call it glitches. they don't want to fix it. and don't want to look like there is problem. bill: final word. >> how insane the government shutdown is. we should have been reading last three weeks. i'm sure people shut down the government thought it was noble effort. bill: unfortunately you will be read about this for a long time. >> should read more about it. bill: charlie, thank you for your time. chris, thank you. life's a glitch, gentlemen. talk to you later.

jamie. jamie: bill, there are new details into the investigation into the terror attacks in benghazi. why con gross is zeroing in on one memo from press secretary jay carney. bill: the fight to make the world series. it is going on this weekend! check out this catch, right? detroit tigers. shortstop making there, robbed his former teammate of a hit there but the red sox did it on the road. >> popped up. and with this, the red sox win game 5. bill: nice. final, they go back to boston. tonight it is game 6 in st. louis between the dodgers and the cardinals. that will be terrific. back in a moment as the series rolls on. i am today by luck.

i put in the hours and built a strong reputation in the industry. i set goals and worked hard to meet them. i've made my success happen. so when it comes to my vestments, i'm supposed to just hand it over to a broker a back away? that's not gonna happen. avo: when you work with a schwab financial consultant, you'll get the guidance you need with the control you want. talk to us today.

jamie: welcome back, everybody. a devastating crash with a police car leaving six people dead in ohio. investigators say the officer was responding to a call when his cruiser collided with a car full of people. mike tobin live from our chicago bureau. mike, what exactly was going on at the time of the crash, do they know? >> reporter: well it was a robbery call that police officer was responding to it at a mcdonald's not far from ohio's state capitol. the investigators say the police officer was running both lights and sirens at the time of the crash. no info on his speed. investigators right now are doing skid tests to determine how fast the car was going. there also isn't any information at this point as to whether the police officer had a green light. but what you can see from the video is the front end of the police cruiser is smashed.

also the side of the car is crushed in. that tells you the passenger car was in the intersection when it was broadsided by the police vehicle. now it was overstuffed. there were six people in the car where there are spaces for only five. all six people in that passenger car were killed, including sadly a 2-year-old girl and a teenager. now investigators say no one in the passenger car was wearing seatbelts there was no child seat for that 2-year-old girl. the officer is a five-year veteran of the upper arlington police force. he has been taken to a local hospital where he is treated for a head injury. people on the scene say he was able to speak as he was pulled out of the wreckage of the police cruiser. jamie. jamie: appreciate the update on his condition. thank you so much, mike tobin from our chicago bureau. bill: the question is, how big is that can now, america? new concerns we just kicked it down the road. no solution to address the long-term money problems. what happens in 90 days. bret baier is our guest.

top of the hour on that. jamie: bill, congress is wrapping up its investigation into the benghazi terror attacks as fox news continues to try to get you answers. >> are you willing to make any of those documents associated with that press release available as you did with the susan rice talking points? >> james, i think we're done here. thanks. jamie: why lawmakers are focus ing on a memo from white house press secretary jay carney. hey, we got our cards, honey! great.

[ male announcer ] aarp members get a lot. [ ding dong ] like discounts on gifts from 1-800-flowers.com... oh... [ male announcer ] savings on roadside assistance from allstate, and exclusive offers from avis, budget and budget truck. aarp has great deals all in one place. aarpdiscounts.com. popcorn, your favorite. [ male announcer ] find offers from regal cinemas, norwegian cruise line and walgreens. hotel savings at hilton, hyatt and best western. and everyday discounts from denny's and kellogg's. they're great! [ male announcer ] find deals on electronics and technology. and save on tickets to exciting concerts and shows. [ taxi whistle ] come on, guys, the millers just got their cards, too! [ male announcer ] check out the possibilities. aarpscounts.com. right now, sign up for roadside assistance from allstate and get $20 off the premier plan and a one-year aarp membership free! coverage includes towing, emergency service, and more. call or go online now.

♪ because an empty pan is a blank canvas. ♪ [ woman #2 ] to share a moment. ♪ [ man #1 ] to remember my grandmother. [ woman #3 ] to show my love. ♪ [ woman #4 ] because life needs flavor. ♪ [ woman #5 ] to travel the world without leaving home. [ male announcer ] whatever the reason. whatever the dish. make it delicious with swanson. [ woman #1 ] that's why i cook.

jamie: kicking the can down the road. the government is open, but there's still no word on fixing our debt deal long term. welcome to a brand new hour of "america's newsroom," i'm jamie colby. bill: martha's got a couple days off, good morning at home. all we saw this week was washington punting on the nation's problems into early next year.

government runs out of money again january 15th, and america's debt limit is only good until early february, right after the super bowl. president obama saying things have to change in his how long. >> but all my friends in congress, understand that how business is done in this town has to change. because we've all got a lot of work to do on behalf of the american people, and that includes the hard work of regaining their trust. our system of self-government doesn't function without it. bill: so what about that? bret baier's the anchor of "special report." how you doing, bret? >> good morning, bill. bill: what he's talking about is change in washington. republicans argue you're the boss in this town. what do you make of that? >> yeah. i think that that only goes so far for the president to say that congress has to get its act in gear and he doesn't have a role in this. you know, he definitely has a role, and he chose in this case

to step back and not negotiate, and it sounds like that that may be the tact that he takes as this budget conference committee gets ready to go forward in december, that he's going to pull back and hand the keys to the car over to congress again and see if they can get a deal. you know, there is a leadership factor here, and how the president chooses to play that also factors in -- bill: so, clearly, that's his style. that's the way it's been for several years now. is that the best way? would republicans want that? >> well, some would probably welcome him being pulled back, others think and have talked out about him being engaged and that in order to get democrats to the table fully, it has to have the full faith and push of the white house. and many have talked about how he's been disengaged, and they'd like to see him more engaged.

bill: marco rubio responded to this. just a quick clip of rubio here from last night. >> the president spoke about the language in american politics, he's one of the leading causes of it. we've just seen for three weeks they have outright demonized anyone that disagrees with their position. bill: that's the definition of logger heads. they're at it. >> yeah. and you go back to some speeches that the president gave talking to the republicans in a retreat in maryland, and he said, listen, we need to deal with these big ticket items of social security and medicare, and we can't talk negatively when somebody tries to address them. that hasn't happened across the board, and senator rubio is right that he, that the president has been out on the stump when these, when push comes to shove and really has hammered republicans. how this affects this budget conference committee, i think, is the big question. and if they're insulated enough and power through it, who knows? bill: chris wallace was on with

"fox & friends" earlier today, and he says that a leading republican that went to the white house in the last couple of days, the president said to him, i mean, i'm paraphrasing now, but, you know, the budget battle is getting in the way and clouding out all the problems of the obamacare web site and the launch of obamacare which is an irony in itself, if true. and i guess chris will talk more about that on sunday. but what rubio went on to say during that interview with jon scott is he believes there will be an all out revolt in america come next march and april when more of obamacare starts to settle in. i don't know how much you're hearing about that or how possible that is. >> yeah. well, bill, when you listen to the house minority leader, nancy pelosi, say that obamacare should go forward fully even if the web site doesn't work in december when the health care plans are supposed to launch in january, that is, that's quite something. because if you go all this time,

all the way through december and they're not working, the sign-up, there will be some major revomit. bill: and just -- revolt. and just one more headline on this. we were talking with charlie and chris stirewalt, so many headlines, really seems like the story has shifted back to this. fight over the health care law is not over, some in the republican party say. now, what do you hear about how they open up the next line of battle on that? >> yeah, that's a great question. you know, the tactics, the strategy, they say they want to fight obamacare. i think a lot of republicans are saying obamacare is fighting obamacare. so they're going to go through the budget conference committee, try to get their big deal on budge items -- budget items and see how this all plays out. it's not the end of the story. bill: that's for sure. bret, thanks. see you at 6:00, all right? >> >> all right, bill. bill: has the president shown good leadership during the shutdown? send us a tweet @martha

maccallum, she'll read it, right? jamie: she'll probably even answer. bill: five minutes past the hour. jamie: new details into the investigation into the benghazi terror attack that killed four americans. lawmakers are focusing now on why military assets were poorly positioned, they're also zeroing in on a white house memo from press secretary jay carney. chief washington correspondent james rosen live from washington with more on that. there is a lot of talk today about this white house memo. what can you tell us, james? >> reporter: it's, in fact, a press release. the house armed services subcommittee on oversight and investigations, jamie, has held nine hearings on benghazi, seven of them classified. they're now zeroing in on a white house press release that was issued september 10, 2011, which described meetings the president and his top national security aides had held that day as well as others held around that time. earlier today the press release

said the president heard from key national security principals on our preparedness and security posture on the eve of the 11th anniversary of september 11th. the president and the principals discussed the steps taken to protect u.s. persons and facilities abroad as well as force protection. gop house investigators now want to know how that press release was drafted, who was in those meetings because they've determined that no military assets could possibly have responded to the benghazi attacks due to poor force posture on that date. >> my job was to look at the days and the weeks and the months and the years leading up to that date and ask the question why weren't we prepared and who is responsible? and ultimately, the white house is projecting we were safe, the white house has to take responsibility of our lack of preparedness. >> reporter: the panel has heard testimony from general carter hamm, a former commander of u.s. africom which has jurisdiction over libya, and he told lawmakers he wasn't

included in those pre-nerve security educations -- pre-9/11 security sessions. jamie: so they're also wanting to question now another big name. tell us about that. >> reporter: yeah. that would be former defense secretary leon pa feta. the panel wants to know what panetta can recall this those pre-9/11 meetings. fox news actually sought to question panetta about this just this week, but his office did not respond. white house press secretary jay carney yesterday dismissed such questions as partisan in nature and suggested someone other than the commander in chief should answer them. >> i think when it comes to how the u.s. military positions its assets, again, that is a question best answered by the department of defense and by commanders. but you get no argument here from the suggestion that there was not adequate security there. >> reporter: the house armed

services subcommittee is expected to produce its final report on benghazi sometime before february. jamie? jamie: james rosen, thank you for that. and the question is, what happened before we got here? the road to answers in benghazi, it's been a very long one n. the days right after the attacks, the obama administration blamed a spontaneous protest spurred by an anti-muslim film. then on september 16th u.s. ambassador to the u.n. susan rice went on five sunday news shows and blamed the attack on that video. september 26th, published reports show intelligence agencies and the obama administration knew within 24 hours that terrorists were involved. and december 18th the accountability review board finds that systematic management failures at the state department led to inadequate security. january 23rd, secretary of state hillary clinton testifies before a congressional committee on benghazi. april 30th, a special ops member

tells fox news the united states had highly-trained forces just a few hours away. august 6th, federal prosecutors file the first criminal charges related to the attack, and last month the state department audit finds an investigation into the benghazi attack was unbiased, countering claims from gop members of congress that it lacked independence. now this additional information. coming up at the bottom of the hour, our panel is going to weigh in on the latest information to come out of this benghazi probe. you'll want to hear that. ♪ ♪ bill: about ten minutes past the hour now, waiting a major announcement at the white house 2:00 eastern, president obama nominates je h johnson to be the next homeland security secretary. he played a key role in the administration's debate in the legality of using drones and counterterrorism missions. jamie: he's supposed to protect

the passengers as they board flights, but there's an air march signal that acquits -- marshal that's accused of a horrible crime. bill: also the outrage of banning american flag t-shirts on cinco de mayo. the boys who were told home finally get their day in court. >> it's crazy. it's crazy, the day you're getting kicked out of school for wearing red, white and blue. come on. bill: the lead attorney defending the students who dared to wear old glory is live here today in "america's newsroom." jamie: the president is saying the shutdown had no -- [inaudible] actually feels energized by what happened in washington. two key figures in the tea party movement will be talking to us on what they think they gained. >> those who can't stand strong to defend our republic, to defend our constitution, heck yeah, they've got to be primaried. other side we're going down. [ female announcer ] the best thing about this bar

it's not a candy bar. 130 calories 7 grams of protein the fiber one caramel nut protein bar. staor like this...... and hit the start button to flip back and forth. you can make the important things big, keep the small stuff small, and arrange it all around you. you can be all work with office,

all play, or even both at the same time. you can do it all simpler and easier on your windows tablet, pc, or surface. that's the new windows: one experience for everything in your life. great. this is the last thing i need.) seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch. for brakes, tires, oil, everything. (whistling)

bill: they are supposed to keep you safe when you're flying, but a federal air marshal accused of committing a lewd crime aboard a plane. this man was on duty in nashville when he took photos under women's skirts. a passenger spotted him and took his phone. the tsa saying the marshal has been removed from duty ask the agency saying it will cooperate with the information. ♪ ♪ swraim jake many the mainstream media seem to be writing the tea party off saying that after losing the fight to defund obamacare once again, they're done. well, sarah palin says if you think the tea party is down, you're wrong. here's the former alaska governor on the kelly file. >> if we stand united, well, then we won't lose the house, and we could even win back the

senate. i tell ya, fiscal conservatives are more energized than ever after last night's deal where americans came out as the losers because we're just going to incur more and more debt. this unsustainable spending spree that barack obama is on, to, we're saying enough is enough, and we are energized. jamie: all right. so we brought in two key figures in the tea party movement. scotty knell hughes, news director of the tea party network, and david webb who is co-founder of tea party 365, also host of the david webb show on sirius, the patriot news channel, and he's a fox news contributor because we just wanted to see if they had packed it up and gone home. [laughter] apparently not. welcome to both of you. scotty, let me ask you this, what'd you want to get out of the whole thing? >> that's the thing, first we were dead and put into a coffin, then all of a sudden you have harry reid and barack obama mentioning us on a daily basis, and now all of a sudden we're

back down again? let's make the truth of it. the american people did lose the other night, but the tea party won because we were able to identify who the wolfs in our flock were. and sarah palin was right, we know exactly what races we're going after come 2014 or 2016. jamie: david, one of the things the president has talked a lot about, sarah palin said if you're going to blame the gop, mr. president, you're just out of touch. what does she mean? >> everybody's looking to play the scorecard game, jamie, who won, who lost, who cares? i ask this of the american people, what solutions did you actually get out of what happened in the last three weeks with this whole shutdown showdown, vet ceiling -- debt ceiling debacle. we ended up with no solutions, we kicked the can to january 15th, we can borrow til february, and we're going to go through this hamster wheel again. this is d.c. at its worst, and

john mccain said it best on greta van susteren. it was an honest moment. he said that politicians care about their approval ratings. notice i'm not talking about party here. governor palin has a point, galvanizing moments happen with this. ted cruz went down can with a fight. he was going to lose, but it galvanized the americans. so put aside the polls and look at what really happens legislatively. look at what the ratings agencies will do. chinese, their ratings agency, they downgraded us to an a-. moody's, fitch and s&p, their looking at us. -- they're looking at us. so what actually happened? get past the scorecard. forget the about the polls. we've got to get to the ballot box. but my admonition to anybody out there, we need to fix the structure of the gop and put up credible candidates who can win, who have the ability to do the job, not anymore christine

o'donnells, it just doesn't work. swraim jake and let me, without picking on anybody, you sound energized. so david is looking forward. he's not looking back, he's looking at what's going to happen next. how are you going to take seats? >> whether you like what ted cruz did with his filibuster or not, he engaged people. people had to pay attention to what was going on in washington, d.c. politics. that is a win for the tea party, and that's how we're going to continue to keep this momentum in 2014, 2016. we're going to get good candidates, but more importantly, we're going to get the people behind those candidates because now they are informed that this is affecting them. jamie: you know, i'm interested for you to hear brit hume's take on this. >> senator cruz and his adherents do not view things in conventional terms. they look back over the past half century, including the supposed golden era of ronald reagan, and see the uninterrupted forward march of the american left. the regulatory state continued to expand.

the national debt grew and grew, and finally in the obama years exploded. they see an american population becoming unrecognizable from the free and self-reliant people they thought they knew. and they see the republican party as having utterly failed to stop the drift toward an unfree nation supervised by an overweaning and bloated bureaucracy. they are not interested in republican policies that merely slow the growth of this leviathan, they want to stop it and reverse it, and they want so though their supporters they'll try anything to bring that about. jamie: what's the opportunity for the tea party there? >> the opportunity is the millions of americans who bought into an ideal that we need a limited, effective, efficient government at all levels; state, municipal and at the federal level. this is not just the federal government. these are the responsibilities of the states, of responsible governors and legislatures, and brit's absolutely right. we've had a pendulum that swung a little left, a little right, but an unstoppable march in ways

of a change in american culture. and politics, frankly, is downstream from culture. we as a culture in this country need to make bigger demands and more direct demands of not only ourselves, but of our government, and they have to work together to battle this leviathan or else we lose in the long run. it's unsustainable debt. republicans have not fixed medicare and medicaid, they've not tackled social security, they've not done the needed things to fix it. we've got to do the real work in this country, and here's the bitter pill: there's pain coming. there is pain involved. but do you go over a 10-foot cliff or a 100-foot cliff? you might break your legs over 10 feet. jamie: right. or you stand on the cliff and look at the peak across the way -- >> we're hurtling towards that. jamie: interesting discussion. bill? bill: i want to go -- jamie: don't be afraid. bill: thank you, buddy. shocking video of an american

classroom. why would a teacher talk like this? as a working mom of two young boys life could be hectic. angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today.

i'my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend.

bill: fox news alert, google this for a moment. google stock just crossed $1,000 a share. that stock is up more than 10% in one hour of trading alone, this after the close of business yesterday came out with earnings that beat the expectation. plus you've got the showdown for now behind us in washington, so that stock's flying. the dow 30 is off about 13 points at about 10:24 now in new york on this friday morning. ♪

♪ jawm jake this next story needs to be discussed even further because there's new questions after a louisiana substitute teacher gets caught on tape launching into a profanity-laced tirade aimed at a misbehaving eighth grade class. listen. jamie: well, it's unclear if she just uses profanity or if she was frustrated in that class room, but she was taken away from teaching in that district yet again, and the school board has yet to reveal whether she'll be disciplined. bob bowedder is the founder of choice media and jedediah is a former academic dean and academic adviser.

i hope my picture wasn't hanging up in your office. [laughter] look, kids will be kids. tough to be a teacher. bob, let me start with you, is it the language she used or the fact that she didn't have control of her classroom? >> well, i think it was caught on video is the first problem, but i think the language is the thing that got her fired from her job. we can all have sympathy for substitute teachers who are brought into these kinds of classrooms where the kids will test -- when i was in high school, we would sometimes test the substitute teachers, and it's this form of you might even say of bullying of the adult in some regards. and so you can have sympathy for that scenario. on the same -- on the other side, though, you have to acknowledge that this kind of overreaction shouldn't be allowed. you know how in the cold war there was def con 1 and 2 and 3, every substitute teacher should know if the kids won't behave, every substitute should know the series of disciplinary escalations that are at their

disposal. jamie: well, is it the school's responsibility then, jedediah, to meet with the teacher that walks into that classroom, not even as a substitute teacher, all teachers, and say here is the protocol? first you send the kid to the principal, then we'll contact the parents, but keep your cool. is that their responsibility? >> it is their responsibility. they should have been sort of watching, especially if you have a new teacher coming into the school who, obviously, doesn't know the protocol, the kinds of classroom that she's going to be dealing with. i was an academic dean, i would sort of stick my head in, so i'm sort of interested as to why that wasn't happening. why it got to that point. what happened before that that got the substitute teacher to that point, and why wasn't the administration more involved in overseeing what was going on that day. that's their responsibility. regardless of that, i think this is ridiculous behavior. of you have to go into a classroom and now no matter what those kids do, no heart how they challenge you -- and they will challenge you, believe me, with substitutes they like to see how far they can get -- no matter

what, you can never let it get to that point. you're the adult. jamie: you know, her intent was to get these kids to learn. we can't fault her for that. but what can parents do, bob, at home when they know, a as you said, kids will be kids, now they have all these devices to be distracted. it's different than it was when we could only, you know, play with our norm 2 pencil -- number 2 pencils. >> sometimes parents aren't aware at all that these scenarios are going down. i think in this case that when they're shooting video, it can be more obvious. of course, you can ask kids and stay more in touch with what's going on in the classroom and be more aware of what did you learn today in history class and ask kids about what they're doing in school. and i think that would start to help. but there are also a lot of teachers who we've interviewed that have said to us that they're told to deal with it in the classroom, don't send kids to the principal's -- it's a failure in administration. jamie: could this have been an effective strategy, jedediah,

for a teacher? could losing her cool have actually pulled this group together? >> well, you just can't go there because now you're unprofessional. and, honestly, it's really surprising to me in this day and age that she wouldn't assume that a kid would pull out a phone and sort of have that on, unless she had collected those phones at the beginning of class. we live in an age where you just know you're not going to get away with it. parents are going to find out about it, administration is going to find out, so i think there had to be a part of her that knew what she was doing. she had to sort of know that there's a high possibility that what i'm saying could be recorded and that i could be held accountable for that. >> if i could just work in, louisiana's a state with state-wide vouchers and school choice, and studies have shown where kids are attending a school their parents have chosen, then they behave better. jamie: yeah. hopefully parents will talk to their kids about giving teachers a break. thanks, guys, so much.

bill: hundreds of thousands just trying to get to work having no luck at that. what is happening in the bay area, we wonder. jamie: we also want to bring you new information on the terror attack in benghazi that killed four americans. there's reaction from white house press secretary jay carney now when he was pressed on that issue. >> i think the -- >> willing to make any of those documents associated with that press release available as you did with the susan rice talking points? >> james, i think we're done here. thanks.

bill: some new reaction now on the latest surrounding benghazi. a congressional committee finding that military positioning on september 10 and september 11th of last year was poor. james rosen pressing the white house press secretary, jay carney, on this. >> with respect to these meetings that the president had with key national security principals the day before those attacks, how is it possible that you can maintain that adequate steps were taken vis-a-vis force posture by the commander in chief and his aides when, in fact, the posture is now universeally acknowledged to have been such that it made remedy or rescue impossible? >> there was not adequate security to protect those four americans. and the president has been absolutely clear and forthright about that.

the administration's cooperation with investigations here has been exhaustive. it includes, obviously, the full cooperation with the accountability review board whose credibility has, unfortunately, despite the stature and independence of those who were in charge of it been questioned by partisans on capitol hill. bill: rich lowry now is the editor of national review and a fox news contributor, ellen calls is a national security adviser. we welcome both of you here. rich, where's this going? >> well, this committee as you were laying out there, bill, that apparently a rescue was not possible on that night, and the reason that was the case is because the forces weren't postured in a way to make it possible. so then the next logical question is, why snot and they're focusing on this press release that was set out on september 10th that said the president had this meeting with his key principals to insure that our forces and facilities

abroad were safe on september 11th. so that was a very serious process that they went through to make sure that we were secure on september 11th, why won't they talk about it more, why won't they provide details of those meetings and what was discussed and what the thinking was? and it's just highly suggestive that jay carney walks out in a huff when he's questioned about this. bill: ellen, he raises a lot of questions there. do you have many answers? >> well, i think you're comparing an apple and an orange in this case, because the jay carney press release would be just announcing that they had had a meeting to discuss security for september 11th. that doesn't really mean a lot of other assessment of what's happening in north africa has actually happened beyond what would normally happen at the pentagon. so i don't think there's any underlying document behind that, and i think jay had answered a number of questions and got to the end of the rope on that one. bill: rich, i think what you were trying to say is that release the minutes from the meeting or any notes you had from that meeting, because

perhaps that would go, that would give us a better idea -- >> correct. and it may be that ellen is right, i think she's basically saying this was a pro forma press release, and it wasn't much of a process to insure we were safe on september 11th and no position on north africa -- >> but, rich -- doctor that may well be true and that may be part of the reason. >> but, rich, no press release is what's going to keep folks safe. the press reports on the meeting that the pentagon military officials are having, and in reality the north african command has been in operation since 2008. and i think we're probably still working out kinks there. the good thing about these congressional hearings, especially the house armed services committee, is they're looking at whether we have the right force deployment to respond after the fact. the other more important thing here for keeping our diplomatic missions safe is making sure we're adequately funding security for them so that we can prevent the attacks in the first place, and that's going to

require more money out of congress. bill: to -- >> you're making my point for me. the question is what is behind that press release. if it's just a piece of paper that was sent out pro forma, that's one thing. if there's actually meeting and thought behind it, let's hear about what it was. just because the north africa command was set up in 2008 is no reason not to consult with general hamm. bill: rich, just take it a step further. if you were given more information, how would that illuminate your knowledge or our knowledge about the day before 9/11? >> well, we'll know how serious the preparations were and how seriously potential threats were taken. and, bill, my attitude is this administration when it has a good story to tell, we will hear about internal deliberations in great detail. we know a lot about the night of the bin laden raid because it was a famous success. we know very little about what the president of the united states was doing on the night of

the benghazi attack presumably because there's not a good story -- bill: i hear your point. >> i assume there's not a good story to tell here either. bill: what about that, ellen? >> well, i think the goal of making our americans saved a abroad will be better served if we ask good questions. congress is certainly raising a number of questions. there's been thousands of pages of documents that have been handed over, but we need to lower the temperature a little bit around the conspiracy theories -- bill: but if you put out the information, perhaps it puts all the theories to bed. >> right. but what james asking for was information about how a four-sentence press release was written saying we're going to heighten security for september 11th. >> no, i think james' line of questioning, getting to the point you were making earlier, if it was just a press release, that's kind of damning on its own -- [inaudible conversations] bill: guy, it's pretty simple, you want to know what's behind the press release. how did it come together.

>> correct. bill: simply stated? >> correct, yeah. bill: ellen? i'll give you the last word. >> i'm sure the press release was written not knowing what would happen the next day. >> i mean, that's not -- of course not. i mean, it wasn't written with clairvoyance. but if there's a really serious process where the president of the united states was meeting with national security principals to make sure our assets abroad were secure on this day that always represents a threat to americans, let's hear about what the commander in chief did. that's all this is about. bill: we've got to run, and the words of jay carney, i think we're done here. [laughter] ellen, thank you. rich, thanks to you as well. >> thank you very much. jamie: please don't walk off, bill. it was a rough morning. boy, what a commute for hundreds of thousands of people. take a look at the traffic in the san francisco bay area. it is still busy. well, people were forced to drive workers for the region's largest transit system walked off the job for the second time in four month bringing trains to

a halt. the strike comes after talks over work rules fell apart as the nation's fifth largest commuter rail system, about 400,000 riders use it every day. and you know the saying there are no stupid questions? well, the director of the box office smash hit "gravity" might disagree. we're going to tell you about the question he got that is challenging that theory. bill: also, they were sent home from school because they refused to turn their american flag t-shirts inside out. now that case is in federal court, and we'll talk to the attorney, the lead attorney in that case. >> regardless of where we came from, when we come to this nation, we adopt this culture and what this nation stands for and the flag. and i personally am getting very, very tired of disrespect to that flag and what this nation actually stands for. ♪ when i'm halfway into your heart ♪

♪ you have to let me know [ female announcer ] when sweet and salty come together, the taste is irresistible. sweet and salty nut bars by nature valley. nature at its most delicious.

there's a lot i had to do... ... watch my diet. stay active. start insulin... today, i learned there's something i don't have to do anymore. my doctor said that with novolog® flexpen, i don't have to use a syringe and a vial... or carry a cooler.

flexpen® comes prefilled with fast-acting insulin used to help control high blood sugar when you eat. dial the exact does. inject by pushing a button. no drawing from a vial. you should eat a meal within 5 to 10 minutes after injecting novolog® (insulin aspart [rdna origin] injection). do not use if your blood sugar is too low, or if you are allergic to any of its ingredients. the most common side effect is low blood sugar, which may cause symptoms such as sweating, shakiness, confusion, and headache. severe low blood sugar c be serious and life-teatening. ask your health care provider about alcohol use, operating machinery, or driving. other possible side effects include injection site reactions and low potassium in your blood. tell your health care provider about all medicines you take and all of your medical conditions. get medical help right away if you experience serious allergic reactions such as body rash, trouble with breathing, fast heartbeat, or sweating. flexpen® is insulin delivery my way. covered by most insurance plans, including medicare. find your co-pay cost at myflexpen.com. ask your health care provider about novolog® flexpen today.

♪ ♪ jamie: a federal appeals court is now hearing the case of three students who were sent home from a california high school. it was on cinco de mayo. they refused to remove t-shirts they were wearing that depicted the american flag. the school officials argued that they were concerned that their patriotic t-shirts would spark racial tension on a holiday that was meant to celebrate mexican heritage. but those students claim their constitutional rights were violated, and the incident sparked passionate arguments on both sides when all of it started back in 2010. >> it's always been hispanics versus caucasians. it's been like that in our history. we cannot sugar coat this. >> the students were not making a political statement. their goal was simply to show their pride in their country. as parents, we are proud we have raised young men who stand up for what they believe in.

jamie: well, joining me now is the lead attorney on the case representing those students, william becker jr. who's also a first amendment attorney. bill, great to see you. thanks for joining us. >> good morning, jamie. thank you. jamie: so the 9th circuit, interesting court of all the courts to take a look at this case, the briefs have been filed, the arguments have been made, what do you think will happen? >> well, you know, with the 9th circuit it's anybody's guess. this case has taken about three years to wednesday its way -- wend its way simply to oral argument which my colleague argued this week before the ninth circuit. it appears that the ninth circuit may look at this case and decide that the trial judge was wrong in granting summary judgment and send the case back for trial. jamie: let's tell folks what the judge decided. the lower court said the school had a right to make the kids turn their shirts inside out because, as the school argued to

the ninth circuit, they had sufficient evidence that there would have been a disruption, that they had to protect the students. is that their argument? do i have it right? >> that's their argument. and, jamie, it's not a strong argument because under the supreme court case precedent, the tinker case, there has to be an actual threat of disruption. and there wasn't any actual threat of disruption on this occasion. my clients were sitting in the quad minding their own business. they'd been in class for three hours. there'd been no evidence of any disruption that would occur. any evidence of disruption in years past should have tipped the school administrators off that the way to cure the problem they anticipated any disruption in the school environment would be to foreclose any celebration of sip coe demicroif they felt that might lead to racial tension -- jamie: and they did not do that. >> no, they didn't.

jamie: the kids had worn these shirts to school on other occasions. it was just on this holiday that the school tried to enforce a policy because of a perceived threat. what are your damages? what is it that you're seeking? the students have since graduated and moved on. >> yeah. these cases are not taken for the purpose of recovering money damages. if anything, the students would be awarded a dollar, nominal damages. what they're seeking to do is to vindicate not just their constitutional right of free speech, but to set an example and precedent for all americans. these were american students at an american high school celebrating their american patriotism. they weren't trying to do it in a provocative manner. and to suggest that the american flag is a provocative symbol that needs to be, that needs to be suppressed on an american school grounds is absolutely going down a bad path.

and i really think that if this case sets that kind of precedent, we're actually looking at something much like the delegitimization of traditional marriage. jamie: all right. well, william becker jr., as this case is considered by the ninth circuit, please come back and talk to us. thank you very much. bill: eleven minutes away, jon scott rolls your way. how you doing, jon? jon: good morning to you. obamacare is getting renewed attention today. the front page of "the wall street journal" reads: insurers get faulty data from health marketplaces, just the latest hiccup in the rollout of those health care exchanges. we will have reaction and analysis. plus, the president takes aim at the media including bloggers and talking heads. there's a new terror warning for americans, and this, does documenting everything you do take some of the joy out of it? an interesting new study coming

up on "happening now." bill: you've got it, jon. see you at 11:00 eastern time. we are watching the fallout from the shutdown. plus, there is this -- >> don't wait for us. >> man down! man down! bill: it's a great movie, they say. haven't seen it yet, have you? oh, good. a spacey question for the director of the movie hit "gravity." the saying goes there are no dumb questions, but you're about to see whether or not that's true. >> dr. stone is off structure. that arm's going to carry you too far.

jamie: so what was it like to film in space? that was the question asked of

the film maker of the movie "gravity" at a press conference promoting the movie. the dumbfounded directer didn't know what to do. he obviously filmed on a sound stage pack here on earth, and he said, well, we were in space for three and a half months, i got really dizzy while rehearsing. the journalist who asked the question for the comedic talk show "you should be working" took to twitter to defend himself saying don't tell me i was the only one who had that doubt. i mean, it does look pretty realistic. bill: the movie's that good, apparently. jamie: it is. effects, incredible. bill: there are no dumb questions. jamie: however -- bill: just dumb answers. and we're going with it. it's one of the most hotly-contested races of the year, virginia set to pick a new governor next month, and hillary clinton is on the trail. so is our chief political correspondent, carl cameron. good day to you. is this her first campaign since leaving as secretary of state.

>> first political events, but he's given a lot of political speeches. she's a longtime buddy with terry mcauliffe. he was the head of the dnc when clinton was president, and he leads in about seven and a half points in the average of the most recent polls. mcauliffe has spent way more money than republican ken cucinelli. 71% of mcauliffe's ads have been deemed negative. cucinelli has united tea partiers in virginia, and for that, mcauliffe has been pounded him. look at this tv ad. >> to prevent women from getting out of a bad marriage. >> ken cucinelli denies climate change exists, and he used taxpayer dollars to investigate a uva professor doing research. >> reporter: clinton is going to hit the campaign trail with

cucinelli tomorrow, they have a lot of history, and some of it's been tainted by campaign finance controversies, scandals, investigations. this is clinton's first appearance, but it's definitely a sign that mcauliffe is trying to bear down and pull off a victory. bill: can cucinelli win this, carl? >> reporter: he's got a lot of comeback to do. he's been trailing for quite some time, and this is not a race with national implications, toe the super pacs have been pouring in money. the thing is mcauliffe's got problems with character issues that cucinelli has been pounding him for. it's made it a very nasty race. turnout will be low because of some of these toxic ads, but the tea party and social conservative base is fired up, and that means cucinelli has a shot. bill: carl cameron in washington with, thank you. we'll be right back. stick with innovation. stick with power. stick with technology. get the flexcare platinum.

new from philips sonicare. i'm bethand i'm michelle. and we own the paper cottage. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. infrom chase. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do.

we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

is. >> bill: all righty, then. saturday what time? 1:00. bill: sunday what time?

>> 10 a.m. and noon and howard kurtz in the middle. monday i'm back with you, bill. bill: you need a flow chart. >> you have special friend from home. bill: see you at 1:00 on hq. have a great weekend. happening now starts right now. jenna: we have breaking news on the day's top stories and brand new stories you only see here. jon: well the government shutdown is finished but now some critics claim president obama is lashing out and making veiled claims the media are causing the divide in the american people. does he have a point? our media analysts are here to break it down. plus a daring heist of more than 25 grand worth of good old-fashioned kentucky bourbon. now police say this may be an inside job. we'll have the details. and social media websites, some of the share everything from our vacation photos to what we're having for dinner but can posting these pics